Payer Terms of Use
IMPORTANT - READ CAREFULLY:
These Terms of Use (“TOU”) establish a legal agreement between you and HiMama, Inc. (“HiMama”) for the HiMama payment products or services accompanying these TOU, which includes computer software and may include associated media, printed materials, online or electronic documentation, and Internet-based services (collectively, “HiMama Payment Services”). YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TOU BY USING THE HIMAMA PAYMENT SERVICES. IF YOU DO NOT AGREE TO ANY TERM OR CONDITION IN THESE TOU, DO NOT USE THE HIMAMA PAYMENT SERVICES.
1. HiMama Payment Services Protection and License Only.
The HiMama Payment Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The HiMama Payment Services are licensed to you for use only in accordance with the terms and conditions of these TOU, and not sold in any sense whatsoever. HiMama and its suppliers shall retain title and all ownership rights to the HiMama Payment Services, and these TOU shall not be construed in any manner as transferring any rights of ownership or license to the HiMama Payment Services or to any feature or information contained therein, except the limited rights to use as specifically stated in Sections 2 and 3 below.
2. Grant of License.
HiMama hereby grants you a limited, nonexclusive, non-transferrable, non-sublicensable, royalty-free license to use the HiMama Payment Services solely for the purpose of conducting payment transactions between you and HiMama (the “Purpose”).
3. Stored Payment Credentials
By agreeing to these TOU and clicking the ‘authorize’ button, you acknowledge and agree that the payment information you entered into the Hi Mama application will be stored and used for future payment in the form of one-time payment(s) or recurring payment(s) in any amount, and you agree to have these amounts deducted from the form of payment you have provided. You authorize HiMama to initiate a single one-time transaction or recurring transactions in the amount designated on the invoice you are paying, and if your payment is to be deducted from a bank account, you confirm that the information you entered is correct and that you have the authority to make payments from said bank account and agree that the transactions you authorize are in compliance with all applicable law. You also agree that payments will be made with the stored payment credentials you entered in your payment profile until you notify the person or business you are submitting payment to, that you revoke your authorization and they no longer have permission to deduct funds from your account.
4. Returns
By agreeing to these TOU, you agree to comply with the return policy of the person or business you are submitting this payment to and agree that any money returned to you can be submitted as a credit and can be used as payment to an upcoming invoice owed by you to the person or business you are submitting this payment to.
5. Secure Checkout and Internet Security
When you place orders on our websites or through our mobile applications, all of your order information, including your credit card number and delivery address, is transmitted through the Internet using Secure Sockets Layer (SSL) technology. SSL technology causes your browser to encrypt your order information before transmitting it to our secure server. SSL technology, an industry standard, is designed to prevent someone other than operators of our websites from capturing and viewing your personal information. While we use industry standard means to protect our websites and your information, the Internet is not 100% secure. The measures we use are appropriate for the type of information we collect. We cannot promise that your use of our websites or mobile applications will be completely safe. We encourage you to use caution when using the Internet. Online access to your personal information is protected with a password you select. We strongly recommend that you do not share your password and that you use unique passwords for all of your online accounts. You can review our full Internet Security Policy at https://www.himama.com/internet-safety.
6. Fees
HiMama does not directly charge you any fees or charges for your use of the HiMama Payment Services, but the person or business you are submitting payments to may assess a processing fee, surcharge or other charge to you related to your use of our HiMama Payment Services. You understand and agree that any amounts charged to you by the person or business you are submitting payments to are established by the person or business in his, her or its sole discretion and, in some cases, may be mandatory and may not be refundable. Charges may include Tuition Fees, processing fees, surcharges and taxes. You are responsible for reviewing the person’s or businesses tuition and fee policies and shall be responsible for all charges incurred under your user account regardless of your awareness of such charges or the amounts thereof. HiMama is not responsible for insuring that any fees or charges assessed to you by the person or business you are submitting payments to are compliant with applicable laws, rules or regulations.
7. Limitations.
You may not modify, reverse engineer, decompile, or disassemble the HiMama Payment Services. You may not transfer, sublicense, rent, lease or lend the HiMama Payment Services to any third party. Without prejudice to any other rights, HiMama may terminate these TOU and your access to the HiMama Payment Services for any reason, including your failure to comply with any terms or conditions of these TOU. You agree that the HiMama Payment Services are owned by HiMama and/or its suppliers and all rights not expressly granted herein are reserved by HiMama and/or its suppliers, as applicable, and you undertake not to challenge or assist any person to challenge such rights in any manner. You agree that HiMama and its affiliates may collect and use technical and personal information gathered as part of the product support services provided to you, if any, related to the HiMama Payment Services. HiMama or its affiliates or suppliers may use this information solely to improve their products or to provide customized services or technologies to you. You may have additional protections under various data protection laws including but not limited to GDPR (General Data Protection Regulation) and the CCPA (California Consumer Privacy Act). Please visit our Privacy Policy regularly at www.HiMama.com for more information as the policy is subject to change without warning or notification to you.
8. Further Use Restrictions.
Use of the HiMama Payment Services for any purpose other than as specifically permitted hereunder or in writing by HiMama is a violation of these TOU and you agree that such use constitutes a blatant and flagrant violation and fundamental breach of these TOU and will be subject to any and all remedies and/or penalties available to HiMama and/or its supplier(s) under the applicable law. To the extent applicable, you have the exclusive responsibility to calculate, charge, collect and remit state and other taxes applicable to your sales of goods and services, if any.
9. Updates and Maintenance.
You understand and agree that HiMama may provide updates or maintenance to the HiMama Payment Services from time to time but HiMama shall have no obligation to provide any updates or maintenance to you in relation to the HiMama Payment Services licensed to use under these TOU. In case that HiMama provides any update or maintenance to the HiMama Payment Services, these TOU shall automatically apply to such update or maintenance, unless HiMama provides other terms along with such update or maintenance.
10. Confidentiality.
You understand that the HiMama Payment Services contain confidential, proprietary or trade secret information (together “Confidential Information”) of HiMama and/or its suppliers and shall be maintained in strictest confidentiality. You agree that the confidentiality obligations, including without limitation the following, are an essential part of these TOU and any unauthorized disclosure by you constitutes a fundamental breach to these TOU. You agree to: (i) not use the Confidential Information disclosed by HiMama for any purposes other than the Purpose; (ii) protect HiMama 's Confidential Information in the same manner and with the same degree of care, but not less than a reasonable degree of care, against unauthorized use, dissemination, publication or disclosure, as you protect your own confidential or proprietary information of a like nature; (iii) not reverse engineer, disassemble or decompile any prototype, software or other tangible object that embody HiMama’s Confidential Information; and (iv) notify HiMama in writing immediately upon the occurrence of any unauthorized release, disclosure or other breach or upon presence of threat of such occurrence. You understand and agree that disclosure or use of the HiMama Payment Services except as authorized above will result in irreparable harm to HiMama and/or its suppliers and that monetary damages may be inadequate to compensate HiMama and/or its suppliers for such breach. Accordingly, you agree that HiMama will, in addition to any other remedies available to it at law or in equity, be entitled to injunctive reliefs to enforce these TOU.
11. Copyright.
All title, copyrights and other intellectual property rights in and to the HiMama Payment Services (including but not limited to any images, photographs, animations, video, audio, music, text, and applets incorporated into the HiMama Payment Services), the accompanying printed materials, and any copies of the HiMama Payment Services are owned by HiMama and/or its suppliers. The HiMama Payment Services are protected by copyright laws, other intellectual property laws and international treaty provisions. Therefore, you must treat the HiMama Payment Services like any other copyrighted material. License may not copy any printed materials accompanying the HiMama Payment Services without express authorization in these TOU or prior written permission of HiMama.
12. Warranty Disclaimer.
The HiMama Payment Services are provided "AS IS" AND “WITH ALL FAULTS”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, HIMAMA FURTHER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR BY ESTOPPEL, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE TO DESCRIPTION OR SAMPLE, NO DEFECT IN WORKMANSHIP OR MATERIAL, LACK OF VIRUSES, AND LACK OF NEGLIGENCE. ALSO, THERE IS NO WARRANTY TO TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND NON-INFRINGEMENT WITH REGARD TO THE HIMAMA PAYMENT SERVICES. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE HIMAMA PAYMENT SERVICES AND DOCUMENTATION REMAINS WITH YOU. NO ACTIVITY, SERVICE, ADVERTISING, PACKAGING, STATEMENT OR COMMUNICATION BY HIMAMA OR ITS SUPPLIER(S)IN RELATION TO THE HIMAMA PAYMENT SERVICES, EVEN IF PRESENTED IN A FORM OF PRODUCT WARRANTY, WHETHER PRIOR TO, ON OR POST THE DATE OF THESE TOU, SHALL BE INTERPRETED AS AN ANNULMENT, IMPAIRMENT OR MODIFICATION TO THIS DISCLAIMER.
13. Exclusion of Claims. Remedies.
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, IN NO EVENT SHALL HIMAMA AND/OR ITS SUPPLIER(S) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE HIMAMA PAYMENT SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE HIMAMA PAYMENT SERVICES OR OTHERWISE ARISING OUT OF THE USE OF THE HIMAMA PAYMENT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TOU, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF HIMAMA AND/OR ANY OF ITS SUPPLIERS, AND EVEN IF HIMAMA AND/OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT YOU HAVE WAIVED ALL RIGHTS TO ALL REMEDIES, WHETHER IN LAW OR IN EQUITY, EXCEPT IN CASE OF A FUNDAMENTAL BREACH BY HIMAMA AND/OR ANY OF ITS SUPPLIERS, YOU HAVE THE EXCLUSIVE AND SOLE REMEDY TO REQUEST AN UPDATED VERSION OF THE HIMAMA PAYMENT SERVICES, WHICH HIMAMA HAS THE SOLE DISCRETION TO DETERMINE WHETHER TO SATISFY.
14. Governing Law and Dispute Settlement.
These TOU shall be governed by and construed in accordance with the internal laws of the Province of Ontario, Canada without giving effect to any choice or conflict of law provisions or rule. Any legal suit, action or proceeding arising out of, or related to, these TOU shall be instituted exclusively in the federal courts of Canada or Province of Ontario. If you choose to access the HiMama Payment Services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify HiMama for your failure to comply with any such laws.
15. Privacy
Please review our Privacy Notice, which also governs your use of the HiMama Payment Services, to understand our practices.
16. Miscellaneous.
These TOU (including any of its addendums or amendments) constitutes the entire agreement between you and HiMama relating to the HiMama Payment Services and shall replace and supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the HiMama Payment Services or any other subject matter covered by these TOU. If any provisions of these TOU are held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.